In a major blow to the Congress hopes of securing a vacation of the stay order on the reservation for OBC’s in educational institutions, the Court has refused to vacate the stay. This is a continuing drama, given that a few months back, when the Supreme Court had heard this case, it had make its objections clear. There were 2 fundamental grounds for objections as laid down by the court:
1. There is no data to back up the decision to use a 27% reservation. It seems more like that the Government did not want to cross the 50% limit set in the Indira Sawhney case, and hence it used the difference between 50% and current reservation levels of 22.5%. One can be pretty confident that this was the reasoning used by the Congress. The last caste based census was conducted by the British in 1931, which was 75 years ago, and there is no guarantee that data from that was collected accurately; in addition, to use such data for current purposes would be useless because of the time gap.
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Aug 08